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Facts
The assessee, AKC International Pvt. Ltd., preferred an appeal against an order passed by the National Faceless Appeal Centre under Section 250 of the Income Tax Act. The assessee subsequently filed an application stating their election to settle the tax dispute under the Direct Tax Vivad Se Viswas (DTVSV) Scheme, 2024, and requested the withdrawal of the present appeal.
Held
The Tribunal accepted the assessee's prayer for withdrawal of the appeal, noting that the assessee had opted to settle the dispute under the DTVSV Scheme, 2024. Consequently, the appeal was dismissed as withdrawn.
Key Issues
Whether the assessee's appeal against a CIT(A) order should be dismissed as withdrawn after the assessee opted to settle the tax dispute under the Direct Tax Vivad Se Viswas (DTVSV) Scheme, 2024.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH KOLKATA
Before: Shri Sonjoy Sarma & Shri Rakesh Mishra
Assessment Year: 2018-19 AKC International Pvt. Ltd.…………………………………..….……….Appellant 26A, Alipore Road, Kolkata -27. [PAN: AADCA5493K] vs. ITO, Ward-11(1), Kolkata...……..............................……........……...…..…..Respondent Appearances by: None appeared on behalf of the assessee. Shri Lovish Shelly, Sr. DR, appeared on behalf of the Revenue. Date of concluding the hearing : April 28, 2025 Date of pronouncing the order : April 28, 2025 ORDER
Per Sonjoy Sarma, Judicial Member:
The present appeal has been preferred by the assessee against an order dated 23.10.2024 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).
No one has appeared on behalf of the assessee in spite of serving notices for hearing on different dates. However, an application dated 13.02.2025 has been filed by the assessee stating that the assessee chooses to settle the tax dispute under the Direct Tax Vivad Se Viswas (DTVSV) Scheme, 2024. The assessee filed Form No.1 of the said scheme dated 24.12.2024 and Form No.2 was also received on 28.01.2025. Consequently, the assessee prayed before us for withdrawal of the present appeal.
On the other hand, the ld. DR did not object to the withdrawal request made by the assessee.
Considering the materials on record and perusing the said application dated 13.02.2025, we accept the prayer for withdrawal of the appeal as the assessee has opted to settle the dispute under the DTVSV scheme, 2024. Accordingly, we dismiss the present appeal as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn. Kolkata, the 28th April, 2025.